Personal Injury

April 3, 2025 by Will Pemberton

In Wisconsin, the statute of limitations for wrongful death claims depends on the nature of the case. For general negligence cases, families have three years from the date of death to file a lawsuit. However, if the wrongful death resulted from a motor vehicle accident, the deadline is two years. Missing these deadlines can lead to the court dismissing the case, barring the family from recovering damages.

It is important to understand that exceptions to these rules are rare, and courts strictly enforce filing deadlines. For this reason, families should seek legal guidance as soon as possible after a wrongful death occurs to ensure their rights are protected.

Understanding Wisconsin’s Wrongful Death Statute of Limitations

When a loved one passes away due to the negligence or misconduct of another, Wisconsin law allows surviving family members to seek justice through a wrongful death claim. However, these claims must be filed within a specific period, known as the statute of limitations.

The History and Purpose of Statutes of Limitations

Statutes of limitations have been a fundamental part of legal systems for centuries, originating in ancient Roman law and later influencing English common law.

The primary purpose of these laws is to ensure that legal disputes are resolved within a reasonable timeframe, promoting fairness and efficiency in the judicial system. They serve several key functions:

Preserving Evidence: Over time, evidence can deteriorate, witnesses may forget details, and records can become lost. Statutes of limitations encourage prompt legal action, helping to ensure that cases are built on reliable evidence.
Providing Legal Certainty: Defendants should not be subjected to indefinite legal uncertainty. By establishing clear deadlines, statutes of limitations provide a sense of closure and allow individuals and businesses to move forward.
Encouraging Diligence: These laws incentivize claimants to act promptly in seeking justice, preventing unnecessary delays in the legal process.

Statutes Are There for a Reason

Statutes of limitations play a critical role in the legal system by balancing fairness for both plaintiffs and defendants. In Wisconsin, surviving family members must act within the legally established timeframes to pursue a wrongful death claim. If you believe you have a case, you may want to seek assistance.

At Pemberton Personal Injury Law Firm, we are committed to helping families navigate the complexities of wrongful death claims.

March 25, 2025 by Will Pemberton

If you’ve been injured in a car accident, one of the most important factors in your claim is the statute of limitations. That is the legal deadline for filing a lawsuit. Failing to file within this timeframe can result in losing your right to seek compensation.

So, for how long after a car accident can you claim for your injury? The statute of limitation varies from state to state. Depending on where you live, you likely have at least two years to file a claim. Some states give upwards of six years to sue for a car accident injury.

Understanding these deadlines can help you take the necessary steps to protect your rights.

Statute of Limitations by State

Wisconsin

In Wisconsin, the statute of limitations for filing a car accident injury lawsuit is three years from the date of the accident. In the case of a wrongful death claim, loved ones have only two years to file a car accident lawsuit. If you fail to file within this period, your claim will likely be dismissed (there are some rare exceptions).

Minnesota

Minnesota law allows victims of car accidents six years to file a personal injury claim. However, if the claim involves a wrongful death case, the statute of limitations is three years from the date of death, provided the death occurred within the six-year period following the accident.

Illinois

Illinois has a two-year statute of limitations for personal injury claims arising from car accidents. The clock starts running from the date of the accident. If a victim does not file within this timeframe, they will generally be barred from seeking compensation.

Other States’ Deadlines

Iowa: Two years from the date of the accident.
Michigan: Three years from the date of the accident.
Indiana: Two years from the date of the accident.
Missouri: Five years from the date of the accident.
North Dakota: Six years from the date of the accident.

It is important to verify your state’s laws, as special circumstances can alter the filing deadline.

Why Do Statutes of Limitations Exist?

Statutes of limitations exist to ensure that legal claims are brought forward within a reasonable timeframe while evidence and witness testimony remain available and reliable. These deadlines also provide defendants with certainty that they will not face a lawsuit indefinitely.

Exceptions to the Statute of Limitations

While these deadlines are generally firm, there are some exceptions:

Minors: In many states, the statute of limitations may not begin until an injured minor turns 18.
Discovery Rule: Some states extend the filing deadline if an injury is not immediately apparent. In these situations, the statute of limitations might start when victims notice the injury instead of the accident date.
Government Entities: If your claim is against a government entity, such as a city bus or state vehicle, you may face much shorter deadlines. Sometimes you have as little as six months to file a notice of claim in those cases.

How the Statute of Limitations Affects Your Claim

If you fail to file your claim within the applicable deadline, you lose your legal right to seek compensation through the court system. This means the at-fault party and their insurer have no legal obligation to compensate you.

Insurance companies are aware of these deadlines and may use delay tactics, hoping that you miss your opportunity to file.

Does Filing an Insurance Claim Extend the Deadline?

No. Filing an insurance claim does not extend the statute of limitations for a lawsuit. Many people believe that if they are negotiating with an insurance company, they can delay filing a legal claim. This is not true. If the negotiations do not result in a settlement and you miss the deadline to sue, you will lose your right to take legal action.

Steps to Take Before the Deadline Expires

To protect your right to compensation, take these steps as soon as possible:

Seek medical attention: Obtain medical records documenting your injuries.
Report the accident: Ensure the accident is reported to the police and, if applicable, to your insurance company.
Gather evidence: Collect photographs, witness statements, and any other relevant documentation.
Consult a legal professional: Attorneys can help you navigate deadlines and legal requirements. They can also ensure you file your claim on time.

Time Is of the Essence for Your Car Injury Compensation

Understanding the time limits for filing a car accident injury claim is vital. Missing the deadline could mean losing your right to your car injury compensation. Every state has different rules, so it’s important to act quickly.

Speaking with a personal injury attorney can help you understand your legal options, gather necessary evidence, and ensure your claim is filed on time. Taking action early can make a big difference in the outcome of your case.

March 12, 2025 by Will Pemberton

Motorcycle accidents can result in severe injuries, financial burdens, and emotional distress. Every year, Wisconsin sees thousands of these accidents. Filing a motorcycle accident claim can help you recover damages for medical expenses, lost wages, and pain and suffering. This guide will walk you through the process of filing a claim and what to expect during a motorcycle accident lawsuit.

Step 1: Seek Immediate Medical Attention

Your health and safety should be your top priority after a motorcycle accident. Even if you think your injuries are slight, it’s vital that you seek medical care.

Some motorcycle accident injuries, such as internal bleeding or concussions, may not be immediately apparent. A medical evaluation will also create a record of your injuries. Later, when you file your claim, this will prove to be an important element.

Step 2: Gather Evidence at the Scene

If you are physically able, collecting evidence at the accident scene can significantly strengthen your claim. Important evidence includes:

Photographs of the accident scene, vehicle damage, and your injuries
Contact information of witnesses
Police reports detailing the accident
Insurance and contact details of all parties involved

Step 3: Report the Accident

It is important to report the accident to the appropriate authorities. In most cases, the police will arrive at the scene and file an official accident report.

This document serves as key evidence in your motorcycle accident lawsuit, should your case get to that point.

Step 4: Contact Your Insurance Provider

Reach out to your insurance provider promptly to report the accident. Share precise details, but refrain from making any statements that might be detrimental to your case.

Insurance adjusters may try to minimize your claim, so it’s advisable to consult with a personal injury attorney before giving detailed statements.

Step 5: Consult a Motorcycle Accident Attorney

Navigating the legal complexities of a motorcycle accident claim can be challenging. An experienced personal injury attorney can help you understand your rights and guide you through the process. They will assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Step 6: File a Personal Injury Claim

Your attorney will help you file a claim against the at-fault party’s insurance company. This claim should include details of the accident, your motorcycle accident injuries, medical bills, lost wages, and other damages. The insurance company will review your claim and may offer a settlement.

Step 7: Negotiate a Settlement or Proceed to a Lawsuit

In many cases, insurance companies attempt to settle claims for less than what victims deserve. Your attorney will negotiate on your behalf to secure a fair settlement. If negotiations fail, you may need to file a motorcycle accident lawsuit. During this process, your attorney will present evidence in court to prove liability and the extent of your damages.

Step 8: Receive Compensation

If your claim is successful, you may receive compensation for:

Medical expenses (current and future)
Lost wages and reduced earning capacity
Pain and suffering
Property damage
Other accident-related costs

What Happens If My Claim Goes to Court?

If your motorcycle accident claim goes to court, the process can take several months or even longer, depending on the complexity of your case.

Your attorney will represent you throughout the legal proceedings, presenting evidence, calling witnesses, and arguing your case before a judge or jury.

The opposing party will also have an opportunity to present their defense. The court will evaluate the facts and determine liability. If you win, the court will award compensation based on your damages. However, if the ruling is not in your favor, you may have the option to appeal.

Having a skilled attorney on your side is essential to maximizing your chances of a successful outcome.

What’s Next?

Filing a motorcycle accident claim can be a complex process, but with the right legal guidance, you can improve your chances of receiving fair compensation. If you or a loved one has suffered motorcycle accident injuries, seeking legal assistance can help you navigate your claim efficiently. Contact a personal injury attorney today to discuss your case and protect your rights.

March 6, 2025 by Will Pemberton

There’s nothing like the thrill of riding a motorcycle. The open road stretches ahead, the wind rushes by, and you feel a true sense of adventure. But with that excitement comes responsibility, as motorcyclists face unique risks on the road. Motorcyclists are especially vulnerable to accidents, and for a variety of reasons.

Common causes of motorcycle accidents include:

Left-Turn Collisions
Loss of Control
Speeding
Alcohol Impairment
Fixed Objects
Road Hazards

Motorcycle Accident Causes – Explained

Left-Turn Collisions

One of the most frequent scenarios leading to motorcycle accidents involves other vehicles making left-hand turns. These collisions account for a large number of incidents, which occur when a car turns left in front of an oncoming motorcycle. Intersections are particularly hazardous for motorcyclists due to left turn mishaps.

Loss of Control

Single-vehicle accidents are also common for motorcycles, especially as it relates to loss of control. Factors that lead to loss of control include braking too much, not turning enough, or going too fast on a curve. The Hurt Report is a detailed study on motorcycle safety. It found that rider errors like loss of control caused about two-thirds of single-vehicle accidents.

Speeding

Excessive speed significantly increases the risk of accidents and injury severity. Seem obvious? Well, it continues to be a key reason for many motorcycle crashes. Speeding makes it harder for a rider to react to sudden dangers. It also increases how far it takes to stop.

Alcohol Impairment

Riding a motorcycle while drunk affects your judgment, coordination, and reaction times. This increases the chance of accidents. The National Highway Traffic Safety Administration (NHTSA) reports that alcohol involvement is a significant factor in motorcycle-related fatalities.

Fixed Objects

Collisions with fixed objects, such as guardrails or trees, are particularly deadly for motorcyclists. In 2020, 25% of motorcycles involved in fatal crashes collided with fixed objects, compared to 18% for passenger cars.

Road Hazards

Motorcycles are more vulnerable to road hazards like potholes, uneven pavement, and debris. These irregularities can cause riders to lose control, especially if encountered unexpectedly or at high speeds. The NHTSA emphasizes that environmental factors, including roadway conditions, significantly affect motorcycle safety.

What Percentage of Motorcycle Riders Get in Accidents?

Determining the exact percentage of motorcycle riders involved in accidents is challenging due to varying reporting practices and data limitations. However, motorcycles account for a disproportionate number of traffic fatalities relative to their presence on the road.

According to the National Safety Council, motorcyclists accounted for 14.6% of all traffic fatalities and 3.5% of all injuries in 2022. That is despite the fact that motorcycles make up only 3% of all registered vehicles. They also only account for 0.7% of all vehicle miles traveled in the United States.

What Percent of Motorcycle Accidents Result in Injury or Death?

Motorcycle accidents often result in serious injuries or fatalities due to the lack of protective barriers. The Insurance Institute for Highway Safety reports that motorcycle deaths accounted for 15% of all motor vehicle crash deaths in 2022.

Additionally, the NHTSA estimated that 82,686 motorcyclists were injured in 2021, a 5% increase from the previous year.

Numbers Don’t Lie – Be Safe Out There

These eye-opening statistics highlights the need for attention to safety measures. These include wearing helmets, following speed limits, avoiding alcohol before riding, and road condition awareness. Both motorcyclists and other motorists share the responsibility of ensuring safer roadways.

Practicing safe motorcycling is essential for reducing the risk of accidents and severe injuries. Wearing protective gear, especially a DOT-approved helmet, significantly decreases the chances of fatal head injuries.

Additionally, motorcyclists should undergo safety training courses. Training courses will enhance their riding skills, defensive driving techniques, and hazard awareness. The Wisconsin DOT encourages riders to take motorcycle safety courses, which can also help in obtaining a motorcycle endorsement.

Understanding Motorcycle Laws

Understanding and following motorcycle laws is another critical component of rider safety. Each state has its own regulations regarding helmet use, licensing, and lane-splitting. In Wisconsin, helmets are required only for riders under 18 and those with instructional permits.

However, all motorcyclists must wear eye protection unless their bike has a windshield. Additionally, Wisconsin law prohibits lane-splitting. Lane splitting involves riding between lanes of traffic—a practice that is legal in some other states. Staying informed about these laws helps riders avoid legal issues and enhances overall road safety.

February 26, 2025 by Will Pemberton

When you are in a car accident, you often worry about vehicle damage and medical costs. However, there are also other losses. These include physical pain and emotional distress, or commonly known as “pain and suffering.”

So, will a car insurance company pay you for pain and suffering damages?

A quick answer: Possibly. It is common for car insurance policies to include pain and suffering compensation in them. So, it’s certainly plausible that a car accident victim would receive a pain and suffering award. Let’s unpack what we mean by that, starting from the top.

Understanding Pain and Suffering

“Pain and suffering” encompasses the physical discomfort and emotional anguish resulting from an injury. This can include chronic pain, limitations on daily activities, depression, and a diminished quality of life. Unlike medical bills, these losses don’t have a direct monetary value, making them more challenging to quantify.

Types of Car Insurance Coverage

Car insurance policies are designed to protect drivers financially in the event of an accident. The coverage for pain and suffering largely depends on the type of insurance and the specifics of the policy.

Liability Coverage: If you’re at fault in an accident, your liability coverage pays for the other party’s damages, including their pain and suffering. However, it doesn’t cover your own pain and suffering.
Uninsured/Underinsured Motorist Coverage (UM/UIM): This coverage protects you if you’re involved in an accident with a driver who has insufficient or no insurance. In many states, UM/UIM can cover your medical expenses and, in some cases, pain and suffering, depending on the policy terms.
Personal Injury Protection (PIP): PIP, required in some states, covers medical expenses and lost wages regardless of fault. However, PIP typically doesn’t cover pain and suffering.

Filing a Claim for Pain and Suffering

To seek compensation for pain and suffering, you generally need to file a third-party claim against the at-fault driver’s insurance. This process involves:

Documenting Your Injuries: Maintain detailed medical records, including diagnoses, treatment plans, and any prescribed medications.
Recording the Impact: Keep a journal of how the injuries affect your daily life, noting any physical pain, emotional distress, and limitations on activities.
Consulting Professionals: Mental health professionals can provide documentation of emotional distress, which can support your claim.

Calculating Pain and Suffering

Insurance companies often use one of two methods to estimate pain and suffering damages:

Multiplier Method: This approach involves adding up your actual damages (like medical bills and lost wages) and multiplying that sum by a number between 1.5 and 5. The multiplier reflects the severity of your injuries and their impact on your life. For example, if your medical expenses total $10,000 and a multiplier of 2 is used, your pain and suffering would be valued at $20,000.
Per Diem Method: This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you’ve been affected. For instance, if the daily rate is $100 and you experience pain for 200 days, the total would be $20,000.

It’s important to note that these calculations are starting points. The final amount can vary based on factors like the credibility of your documentation, the insurance company’s policies, and state laws.

State-Specific Considerations

Insurance regulations and coverage options can vary by state. Full tort, for example, allows for the recovery of pain and suffering damages without restrictions, while limited tort may limit the ability to claim these damages unless the injury is severe. Understanding your state’s specific laws and insurance requirements is essential when considering claims for pain and suffering.

Challenges in Receiving Compensation

While it’s possible to receive compensation for pain and suffering, several challenges can arise:

Policy Limits: Insurance policies have maximum payout limits. If your damages exceed these limits, you may not receive full compensation.
Proving Non-Economic Damages: Unlike medical bills, pain and suffering are subjective and harder to quantify. Providing thorough documentation and professional testimony can strengthen your claim.
State Laws: Some states have caps on non-economic damages or specific thresholds that must be met before claiming pain and suffering. Familiarize yourself with your state’s regulations to understand your rights fully.

Steps to Protect Yourself

To enhance your chances of receiving fair compensation:

Review Your Policy: Understand what your insurance covers, including any provisions for pain and suffering.
Consider Additional Coverage: Purchasing UM/UIM coverage can provide extra protection if you’re involved in an accident with an uninsured or underinsured driver.
Seek Legal Advice: Consulting with a legal professional can provide guidance tailored to your situation and help navigate the complexities of insurance claims.

A Final Note

While car insurance can cover pain and suffering under certain circumstances, it’s not always straightforward. Understanding your policy, state laws, and the claims process is vital to ensure you receive the compensation you deserve. By staying informed and proactive, you can better navigate the aftermath of a car accident and address both the tangible and intangible impacts on your life.

February 10, 2025 by Will Pemberton

Retrograde amnesia is a condition where a person loses memories from before a traumatic event, such as a car accident. This type of memory loss can vary in severity. Some victims may only forget a few minutes before the accident, while others lose years of past experiences.

Can you get retrograde amnesia from a car accident? Yes, car accidents that cause head injuries can lead to retrograde amnesia. Understanding how this happens requires looking at how memory works, how brain injuries affect it, and what recovery might look like. Read on to learn more.

How Car Accidents Can Cause a Brain Injury

Car accidents are one of the most common causes of traumatic brain injuries (TBIs). A sudden impact or jolt can cause the brain to move inside the skull, leading to bruising, bleeding, or damage to brain tissue. These injuries can affect areas of the brain responsible for storing and recalling memories, leading to memory loss.

The severity of the amnesia often depends on how serious the brain injury is. A mild concussion might cause temporary confusion and memory loss for a short time, while a more severe injury could result in long-term or even permanent retrograde amnesia.

What Is Retrograde Amnesia?

Retrograde amnesia means losing memories from before the injury occurred. The length of memory loss varies. Some people forget only a few moments before the accident, while others might lose years of memories. The extent of the memory loss is usually linked to how badly the brain was injured.

One documented case involved a 19-year-old man who lost all memories of his life after a minor car accident. Although brain scans showed no significant damage, he was unable to recall personal or public events but could still learn new information. This case suggests that even a mild accident can sometimes cause serious retrograde amnesia.

How Memory Works and Why Trauma Affects It

Memory formation involves three main steps: encoding, storage, and retrieval. The hippocampus, a part of the brain located deep in the temporal lobe, plays a key role in turning short-term memories into long-term ones. When someone experiences a head injury, this process can be disrupted, leading to memory loss.

Recent memories are the most vulnerable. If an accident happens, the brain may not have had enough time to fully store recent experiences, making them more likely to be lost. This is why many people who suffer from concussions or TBIs can’t remember what happened just before their injury.

Post-Traumatic Amnesia (PTA)

After a brain injury, a person may experience post-traumatic amnesia (PTA). This condition includes confusion, disorientation, and difficulty remembering events that happen after the accident. PTA can involve both retrograde amnesia (losing past memories) and anterograde amnesia (struggling to form new memories).

Doctors often measure the length of PTA to determine the severity of a brain injury. The longer someone experiences PTA, the more serious the injury is likely to be.

During this time, the person may seem confused, act out of character, or have trouble recognizing people. As the brain heals, memory function often improves.

Can You Recover Lost Memories?

Recovery from retrograde amnesia varies from person to person. Some people regain lost memories over time, while others have permanent memory gaps. The chances of recovery depend on factors like the severity of the injury, overall health, and whether the person receives proper treatment.

Treatment options often include:

Cognitive therapy: Exercises to improve memory and thinking skills.
Memory aids: Tools like notebooks or smartphone apps to help with recall.
Structured routines: Creating a daily schedule to help manage memory problems.
Support systems: Family, friends, and healthcare professionals play a key role in recovery.

How to Reduce the Risk of Memory Loss from a Car Accident

While it’s impossible to prevent all accidents, certain safety measures can lower the risk of TBIs and memory loss:

Wear a seat belt: This greatly reduces the chance of a serious head injury in a crash.
Avoid distractions: Stay focused on the road and avoid using your phone while driving.
Follow speed limits: Driving at a safe speed lowers the risk of severe crashes.
Wear a helmet: If you ride a motorcycle or bicycle, wearing a helmet can protect your brain from injury.

Retrograde amnesia can result from a car accident, especially if the accident leads to a TBI. The severity of memory loss and the potential for recovery depend on how serious the injury is and what treatments are used. While some people regain their lost memories, others may experience permanent gaps.

Taking precautions like wearing seat belts and avoiding distractions while driving can help reduce the risk of serious head injuries and memory loss.

January 28, 2025 by Will Pemberton

Car accidents can lead to many injuries, each with unique financial impacts. Understanding typical settlement details can provide valuable insight for those affected. It’s important to note that settlement figures vary based on factors like injury severity, medical expenses, and lost wages.

Average Settlement Amounts in Wisconsin

In Wisconsin, settlement amounts for car accident injuries can vary significantly. At the time of a recent government study, the average injury settlement amount was around $17,700. Although, that number has risen and is expected to increase significantly in the next couple of years (possibly reaching the $50,000 per person limit).

In general, payouts can range from $5,000 for minor injuries to hundreds of thousands for severe injuries. It all depends on the case. Let’s take a look at the various injury types and what plays a factor in settlements.

Car Accident Settlement Amounts by Injury Type

Soft Tissue Injuries (e.g., Whiplash): These injuries often lead to settlements that pay for medical bills and therapy costs. Others may include treatment costs, related economic losses, and suffering.
Fractures and Broken Bones: Injuries with fractures can result in larger settlements. This is because they need more health care and longer recovery time. The exact amount will depend on the bone fractured and the complexity of the injury.
Brain Injuries: Brain injuries can significantly impact a victim’s quality of life, often resulting in high settlements. The compensation aims to cover extensive medical treatment, rehabilitation, and long-term care costs.
Spinal Cord Injuries: Injuries that cause partial or complete paralysis are very serious. The settlement amounts often reflect how deeply these injuries affect the victim’s life. These settlements often cover immediate medical expenses and ongoing care. They can also cover costs for adaptation to daily life changes.
Internal Injuries: Damage to internal organs usually requires immediate and ongoing medical care. The influence on the settlement will depend on the extent of the injury.
Psychological Distress: Mental distress after a car accident can lead to many challenges. For example, one study found that individuals with psychological distress associated with muscular and skeletal injuries had significantly more timeline issues.

Factors Impacting Settlements

Several factors can influence the settlement amount in a car accident injury case:

Severity of Injuries: More severe injuries can result in higher settlements due to increased bills and impact on quality of life.
Medical Expenses: Higher healthcare costs can increase settlement amounts. That may include ongoing treatment and rehabilitation.
Lost Wages: Injuries often result in loss of work time and income. This is a common damage sought in an injury claim.
Pain and Suffering: Non-economic damages for physical pain and emotional distress can significantly influence settlement amounts.
Insurance Policy Limits: The at-fault party’s insurance coverage can cap the maximum settlement amount.

Importance of Evidence in Maximizing Settlements

Strong evidence is critical to maximizing a car accident settlement. Detailed documentation establishes the facts and demonstrates the extent of injuries.

For example, medical records provide influential documentation. That includes proof of treatment, diagnosis, and ongoing care needs. These strengthen a claim’s chance of higher compensation. Additionally, the inclusion of medical professional testimony will show the long-term effects of injuries.

Witness statements are very important. They support the victim’s story, especially when there are disagreements about who is at fault. Cases may also call for testimony from accident reconstruction experts. This is often a means of clarifying who is responsible for the incident.

Furthermore, clear evidence of financial losses, such as pay stubs or tax returns, supports claims for lost wages or diminished earning capacity.

Every case will have its own unique set of evidence. Regardless, by presenting compelling evidence, victims increase their chances of obtaining fair and comprehensive compensation.

Wisconsin Injury Settlement Process

The car accident injury settlement process in Wisconsin typically begins with:

Filing a claim with the at-fault driver’s insurance company.
Upon claim submission, an adjuster evaluates the case by reviewing evidence. That typically includes police reports, medical records, and witness statements.
After assessing damages, the insurance company may present an initial settlement offer.
If the victim believes the offer is too low, they will likely hire a car accident lawyer. Then, negotiations will follow.
This stage may involve counteroffers supported by documentation, such as proof of lost wages or long-term costs. If negotiations fail to reach a fair resolution, victims may file a personal injury lawsuit.

Wisconsin’s statute of limitations for personal injury claims is generally three years, so acting promptly is crucial. Car accident lawyers will ensure you meet your legal deadlines, they strengthen negotiations, and they help secure fair compensation.

What Next?

Average settlement figures provide an idea of possible compensation. However, each car accident case is unique. Factors like injury severity, medical expenses, and individual situations play crucial roles in determining settlement amounts. Consulting with a personal injury attorney can help navigate the complexities and work towards securing fair compensation.

January 9, 2025 by Will Pemberton

Navigating truck accident laws in Wisconsin can be overwhelming, especially when you’re seeking after a traumatic event. However, understanding the steps to take and the complexities of liability is critical to protecting your rights. This FAQ provides answers to common concerns, empowering you to make informed decisions about your truck accident claim.

1. What actions should I take after a truck accident in Wisconsin?

The first step is to ensure your safety and the safety of others involved. Call 911 to report the accident and request emergency assistance. If possible, move to a safe location, but leave the vehicles in place if they pose evidence for investigation.

Seek medical attention, even if you feel fine, as some injuries may not be immediately apparent. Gather contact information for witnesses and other drivers. Take photos of the scene, and also avoid discussing fault at the scene.

2. How are truck accident cases different from regular car accidents?

Truck accidents include those involving 18-wheelers and shipping trucks, which can cause more severe injuries and damage. Additionally, trucking companies, drivers, and even manufacturers may share liability.

Federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), also play a critical role in determining responsibility. These cases tend to be more complex and require experienced legal representation.

3. Who can be held responsible for a truck accident?

Responsibility in a truck accident can extend beyond the driver. Possible parties include:

The truck driver: If they were speeding, distracted, or driving under the influence.
The trucking company: For improper hiring, training, or failure to maintain their vehicles.
The cargo loaders: If improperly secured cargo caused the accident.
The vehicle manufacturer: For mechanical defects or faulty parts.

Determining liability often involves reviewing accident reports, driver logs, maintenance records, and black box data.

4. What types of compensation are available for truck accident victims?

In Wisconsin, truck accident victims may be eligible for several types of compensation, including:

Healthcare costs: Present and upcoming expenses for therapy, recovery, and drugs.
Lost wages: Compensation for time missed at work due to the injury.
Pain and suffering: For physical pain and emotional distress caused by the accident.
Loss of earning capacity: If the injuries result in long-term disability or inability to work.

The amount of compensation depends on the specifics of your case, including the severity of your injuries and the extent of negligence.

5. What is Wisconsin’s statute of limitations for truck accident claims?

In Wisconsin, the statute of limitations for filing an injury claim is three years from the date of the accident. This means you must initiate legal action within this period, or administrators may bar your claim.

Exceptions may apply in specific cases, such as those involving minors or incapacitated individuals. Consulting with an attorney is essential to protecting your rights.

6. Should I speak to the trucking company’s insurance adjuster?

It is generally not advisable to speak with the insurance adjuster without consulting an attorney. Insurance companies aim to minimize payouts and may use your statements against you. Instead, refer the adjuster to your attorney, who can handle all communications and protect your interests.

7. What are common causes of truck accidents in Wisconsin?

Common causes of truck accidents include:

Driver fatigue: Long hours on the road can lead to drowsy driving.
Distracted driving: Using a phone or other distractions while driving.
Improper maintenance: Failing to keep brakes, tires, or other components in good condition.
Overloaded or unsecured cargo: Leading to spills or imbalances.
Speeding or reckless driving: Especially dangerous in large vehicles.

Understanding the cause is vital for establishing liability and building your case.

8. What types of injuries are common in truck accidents?

Due to the size and weight of the vehicles involved, truck accidents often result in severe injuries. Common injuries include:

Traumatic brain injuries (TBIs)
Spinal cord injuries and paralysis
Broken bones
Burns from fires or hazardous materials
Internal injuries

These injuries often require extensive medical treatment and long recovery periods, emphasizing the importance of securing fair compensation.

9. Do I need a lawyer to handle my truck accident claim?

While it is not legally required, having an experienced personal injury lawyer is highly recommended. Truck accident cases involve complex factors, such as federal regulations and multiple liable parties.

An attorney can:

Investigate the accident
Gather evidence
Negotiate with insurance companies
Significantly increase the insurance payout
Represent you in court if necessary

Lawyers aim to protect their clients’ rights and obtain maximum possible compensation for injuries.

10. How does Wisconsin’s comparative negligence law affect my case?

Wisconsin follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for the accident.

For example, if you are 20% at fault, your compensation will be reduced by 20%. However, if you are more than 50% at fault, you cannot recover any damages. An attorney can help minimize your level of fault and maximize your recovery.

11. What role does black box data play in a truck accident case?

Most commercial trucks are equipped with electronic logging devices (ELDs) or “black boxes” that record crucial data such as speed, braking patterns, and driver hours.

This information can provide valuable evidence to determine what happened during the accident. Accessing and preserving this data requires swift legal action to ensure it is not lost or tampered with.

12. How can weather conditions impact truck accident liability?

While adverse weather conditions like snow, ice, or fog are common in Wisconsin, truck drivers and companies are still responsible for safe driving.

Liability may arise if a driver failed to adjust their speed or failed to use proper safety measures, such as maintaining safe following distances or using tire chains when required.

13. What happens if a trucking company violates FMCSA regulations?

Violations of FMCSA regulations, such as exceeding hours-of-service limits or failing to perform regular vehicle inspections, can be used as evidence of negligence. An attorney can identify these violations and use them to strengthen your case against the trucking company or driver.

Contact Pemberton Personal Injury Law Firm

If you or a loved one has been injured in a truck accident in Wisconsin, the experienced team at Pemberton Personal Injury Law Firm is here to help. With offices in Madison, Baraboo, and Eau Claire, we provide statewide legal representation. Our attorneys will fight for the compensation you deserve. Contact us today for a free case evaluation.

December 30, 2024 by Will Pemberton

Typically, health insurance covers medically necessary treatment for injuries resulting from car accidents. It may not, however, cover non-economic damages like pain and suffering. Of course, every case is different and comes with its own set of unique circumstances.

Car accidents can be devastating, both physically and mentally. Read on to learn more in depth about health insurance details and Wisconsin car accident laws.

What Your Health Insurance May Cover

Medical insurance typically covers a range of medically necessary treatments for injuries sustained in car accidents. This includes:

Emergency Care: Emergency services like ambulance transportation, hospital stays, surgeries, and immediate medical interventions are generally covered. These treatments address life-threatening injuries or prevent further complications immediately following the accident.
Rehabilitation: Recovery often involves ongoing therapy. That includes physical therapy to restore mobility or occupational therapy to regain essential skills. Rehabilitation coverage can vary significantly. Some policies limit the number of sessions you can have.
Medications: This includes prescription drugs for pain, infection prevention, or long-term recovery. However, more expensive medications may need prior approval. They might also lead to higher out-of-pocket costs based on your policy.

You should review your health insurance plan. Plans may discuss limits or exclusions for accident-related injuries.

Important Factors to Consider

Policy Terms: Every health insurance policy has unique terms, including deductibles, co-pays, and maximum coverage limits. Some policies might exclude certain treatments, such as experimental procedures or alternative therapies. Reviewing these terms ensures you are prepared for potential gaps in coverage.
Pre-existing Conditions: If an accident makes a pre-existing condition worse, your insurer will check for coverage. Sometimes, coverage may be reduced or denied based on the details of your policy.
Subrogation Rights: Many health insurance policies include subrogation clauses. This means your insurer may recover the costs of your medical treatment from the at-fault driver’s insurance. While this can reduce what you ultimately owe, it could also delay financial resolution until the settlement.

Understanding these factors helps you make informed decisions and ensures smoother navigation of the claims process after an accident.

financially. Understanding how your insurance coverage works after an accident is crucial, especially in Wisconsin.

Read on for information regarding health insurance claims and Wisconsin car accident laws.

What If the Accident Isn’t Your Fault?

When it comes to auto accidents, fault can be a complex matter. Initially, individuals are responsible for covering their medical bills, regardless of who caused the accident. Health insurance often helps pay these costs, but deductibles and co-pays remain the patient’s responsibility.

Additionally, Medical Payments Coverage (MedPay) through auto insurance can assist with out-of-pocket expenses. There is also uninsured/underinsured motorist coverage, which is required by Wisconsin law.

If another driver is at fault, their insurance will typically cover expenses, but only after parties reach a settlement. This process can take time, leaving the injured party to manage the bills in the meantime. It is important to stay on top of payments to avoid collections, even if a settlement is expected later.

Additional Considerations for Managing Medical Expenses

Navigating the financial aftermath of a car accident can be daunting, but taking proactive steps can help reduce stress.

Start by keeping detailed records of all medical appointments, bills, and treatments related to the accident. These records are critical when negotiating with insurance companies or pursuing compensation from the at-fault driver.

For immediate financial relief, explore payment plans or negotiate directly with healthcare providers to avoid collection issues. Optional Medical Payments Coverage (MedPay) through your insurance can also provide a quick source of funding. That includes expenses not fully covered by health insurance, such as deductibles and co-pays.

Wisconsin’s subrogation laws also play a role. If your health insurer covers bills upfront, they may seek reimbursement from the at-fault party’s insurer. Consulting a personal injury attorney ensures you navigate this process effectively, protecting your rights and maximizing compensation.

Economic vs. Non-Economic Damages After a Car Accident

When dealing with car accident injuries, it’s important to understand the difference between economic and non-economic damages. Economic damages include measurable financial losses like medical bills and lost wages. These are typically covered by health insurance or auto insurance, though deductibles and co-pays may still apply.

Non-economic damages, however, go beyond financial costs. They make up for the personal effects of the accident, like pain, suffering, and emotional distress. They also consider a lower quality of life. Health insurance covers medical costs, but a personal injury claim helps victims get paid for their overall struggles.

Final Thoughts on Health Insurance and Car Accident Injuries

Health insurance plays a vital role in covering the immediate and ongoing medical costs associated with car accident injuries, from emergency care to rehabilitation and medications. However, navigating the complexities of coverage, including deductibles, policy exclusions, and subrogation rights, can be challenging.

Health insurance covers economic damages, like medical bills. However, it may not cover non-economic damages, such as pain and suffering.

To receive full compensation for your financial and personal losses, there are important steps you should take. Consult a car accident lawyer to learn more about your options.

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